[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Rules and Regulations]
[Pages 62949-62951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30951]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[CA-002-PP; FRL-5926-2]


Clean Air Act Approval and Promulgation of Title V Operating 
Permits Program Revisions; State Implementation Plan Revision, Santa 
Barbara County Air Pollution Control District, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of a revision to Rule 1301 of 
Regulation XIII proposed in the Federal Register on September 3, 1997, 
both as a revision to the federally-approved State Implementation Plan 
(SIP) and as a revision to the title V operating permit program adopted 
by the Santa Barbara County Air Pollution Control District (Santa 
Barbara, SBCAPCD, or District) on September 18, 1997. This approval 
action will incorporate this rule into the federally approved SIP. The 
intended effect of approving this revision is to allow Department of 
Defense (DoD) facilities to become exempt from title V of the Clean Air 
Act permit requirements, if the source implements an emission reduction 
plan that achieves a minimum reduction of 10 tons per year of ozone 
precursors.
    Thus, EPA is finalizing the approval of this rule as a revision to 
the title V operating permit program, and as a revision into the 
California SIP under provisions of the CAA regarding EPA action on SIP 
submittals, SIPs for national primary and secondary ambient air quality 
standards and plan requirements for nonattainment areas.

EFFECTIVE DATE: This action is effective on December 26, 1997.

ADDRESSES: Copies of the rule revision and EPA's evaluation report is 
available for public inspection at EPA's Region IX office during normal 
business hours. Copies of the submitted rule revision is available for 
inspection during normal business hours at the following locations:

Permits Office (AIR-3), Air Division, U.S. Environmental Protection

[[Page 62950]]

Agency, Region IX, 75 Hawthorne Street, 17th Floor, San Francisco, CA 
94105
Santa Barbara County Air Pollution Control District, 26 Castilian Drive 
B-23, Goleta, CA 93117
California Air Resources Board, 2020 L Street, Sacramento, CA 95814
U.S. Environmental Protection Agency, Air Docket (6102), 401 ``M'' 
Street, S.W., Washington, D.C. 20460

FOR FURTHER INFORMATION CONTACT: John Walser (telephone 415/744-1257), 
Permits Office (AIR-3), Air Division, U.S. Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The following rule is being approved into the California SIP: 
SBCAPCD Rule 1301--Part 70 Operating Permit Program--General 
Information.

II. Background

    On September 3, 1997, in 62 FR 46451, EPA proposed to approve the 
following rule in the California SIP and as a revision to the title V 
program: SBCAPCD Rule 1301--Part 70 Operating Permit Program--General 
Information. On behalf of the District, Rule 1301 was submitted by the 
California Air Resources Board to EPA on October 10, 1997 as a revision 
to the title V program, and on October 31, 1997 as a SIP-submittal. A 
detailed discussion of the background for the above rule is provided in 
the Proposed Rulemaking (NPRM) cited above.
    EPA has evaluated the above rule for consistency with the 
requirements of the CAA and EPA regulations and EPA interpretation of 
these requirements as expressed in the various EPA policy guidance 
documents referenced in the NPRM cited above. EPA has found that the 
rule meets the applicable EPA requirements. On October 31, 1997, EPA 
reviewed this rule for completeness and found that the rule conformed 
to the completeness criteria in 40 CFR part 51, Appendix V.

III. Response to Comments

    A 30 day public comment period was provided in 62 FR 46451. EPA 
received no comments.

IV. EPA Action

    EPA is finalizing action to approve the above rule as a revision to 
the title V Operating Permit Program and for inclusion into the 
California SIP. EPA is approving the submittal under section 110(k)(3) 
as meeting requirements of section 110(a) and part D of the CAA. This 
approval action will incorporate this rule into the federally approved 
SIP and revise the title V program. These revisions apply to any source 
under jurisdiction of the SBCAPCD that qualifies as a Part 70 source 
and meets the requirements for exclusion of military tactical support 
and/or infrastructure building maintenance equipment at a Department of 
Defense facility. In Santa Barbara County, only Vandenberg Air Force 
Base (VAFB) meets these requirements.
    The revision enables VAFB to comply with Rule 370, the District's 
prohibitory rule, which limits the Base's potential to emit to below 
the title V applicability thresholds and requires VAFB to reduce its 
annual emissions rate of ozone precursors by at least 10 tons through 
the ENVVEST initiative. The rule revision also includes emission 
reduction plan requirements and milestones to be approved by the 
District and made federally-enforceable by the EPA by incorporating the 
rule revisions into the SIP for California, if EPA finds that the 
planned emission reductions are real, quantifiable, surplus, and 
enforceable.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

V. Administrative Requirements

A. Docket

    Copies of Santa Barbara's submittal and other information relied 
upon for final actions are contained in docket number CA-002-PP 
maintained at the EPA Regional Office. The docket is an organized and 
complete file of all the information submitted to, or otherwise 
considered by, EPA in the development of this final rulemaking. The 
docket is available for public inspection at the location listed under 
the ADDRESSES section of this document.

B. Regulatory Flexibility Act

    The EPA's actions under section 502 of the Act do not create any 
new requirements, but simply address revisions to Santa Barbara's 
existing operating permits program that was submitted to satisfy the 
requirements of 40 CFR part 70. Because this action does not impose any 
new requirements, it does not have a significant impact on a 
substantial number of small entities.

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a federal mandate that may result in estimated 
costs to state, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated today does 
not include a federal mandate that may result in estimated costs of 
$100 million or more to either state, local, or tribal governments in 
the aggregate, or to the private sector. This federal action approves 
pre-existing requirements under state or local law, and imposes no new 
federal requirements. Accordingly, no additional costs to state, local, 
or tribal governments, or to the private sector, result from this 
action.

D. Executive Order 12866

    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866.

E. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major'' as defined by 5 U.S.C. 
804(2).

F. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 26, 1998. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not

[[Page 62951]]

be challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, 
Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Operating permits, Reporting and recordkeeping requirements.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of California was approved by the Director of the 
Federal Register on July 1, 1982.

    Date Signed: November 14, 1997.
Felicia Marcus,
Regional Administrator.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart F--California

    2. Section 52.220 is amended by adding and reserving paragraphs 
(c)(247) through (c)(249) and by adding paragraph (c)(250) to read as 
follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (247) [Reserved]
    (248) [Reserved]
    (249) [Reserved]
    (250) New regulations for the following APCD were submitted on 
October 31, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 1301 adopted on September 18, 1997.

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

    2. Appendix A to part 70 is amended by revising paragraph (aa) to 
the entry for California to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

California

* * * * *
    (aa) Santa Barbara County Air Pollution Control District (APCD) 
submitted on November 15, 1993, as amended March 2, 1994, August 8, 
1994, December 8, 1994, June 15, 1995, and September 18, 1997; 
interim approval effective on December 1, 1995; interim approval 
expires on October 1, 1998.
* * * * *
[FR Doc. 97-30951 Filed 11-25-97; 8:45 am]
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